Commission Regulation (EC) No 889/2008Show full title

Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

Article 27U.K.Use of certain products and substances in processing of food

1.[F1For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only the following substances can be used in the processing of organic food, with the exception of products of the wine sector, for which the provisions of Chapter 3a shall apply:]

(a)substances listed in Annex VIII to this Regulation;

(b)preparations of micro-organisms and enzymes normally used in food processing;[F2however, enzymes to be used as food additives have to be listed in Annex VIII, Section A;]

(c)substances, and products as defined in Articles 1(2)(b)(i) and 1(2)(c) of Council Directive 88/388/EEC(1) labelled as natural flavouring substances or natural flavouring preparations, according to Articles 9(1)(d) and (2) of that Directive;

(d)colours for stamping meat and eggshells in accordance with, respectively, Article 2(8) and Article 2(9) of European Parliament and Council Directive 94/36/EC(2);

(e)drinking water and salt (with sodium chloride or potassium chloride as basic components) generally used in food processing;

[F3(f) minerals (trace elements included), vitamins, amino acids and micronutrients, provided that:

(i)

their use in food for normal consumption is ‘ directly legally required ’ , in the meaning of being directly required by provisions of Union law or provisions of national law compatible with Union law, with the consequence that the food cannot be placed at all on the market as food for normal consumption if those minerals, vitamins, amino acids or micronutrients are not added; or

(ii)

as regards food placed on the market as having particular characteristics or effects in relation to health or nutrition or in relation to needs of specific groups of consumers:

  • in products referred to in points (a) and (b) of Article 1(1) of Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) , their use is authorised by that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned,

  • in products regulated by Commission Directive 2006/125/EC (4) , their use is authorised by that Directive, or

  • in products regulated by Commission Directive 2006/141/EC (5) , their use is authorised by that Directive.]

2.For the purpose of the calculation referred to in Article 23(4)(a)(ii) of Regulation (EC) No 834/2007,

(a)food additives listed in Annex VIII and marked with an asterisk in the column of the additive code number, shall be calculated as ingredients of agricultural origin;

(b)preparations and substances referred to in paragraph (1)(b),(c),(d),(e) and (f) of this Article and substances not marked with an asterisk in the column of the additive code number shall not be calculated as ingredients of agricultural origin[F4;]

[F2(c) yeast and yeast products shall be calculated as ingredients of agricultural origin as of 31 December 2013 .]

3.The use of the following substances listed in Annex VIII shall be re-examined before 31 December 2010:

(a)Sodium nitrite and potassium nitrate in Section A with a view to withdrawing these additives;

(b)Sulphur dioxide and potassium metabisulphite in Section A;

(c)Hydrochloric acid in Section B for the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese, and Leidse Nagelkaas.

The re-examination referred to in point (a) shall take account of the efforts made by Member States to find safe alternatives to nitrites/nitrates and in establishing educational programmes in alternative processing methods and hygiene for organic meat processors/manufacturers.

[F24. For the traditional decorative colouring of the shell of boiled eggs produced with the intention to place them on the market at a given period of the year, the competent authority may authorise for the period referred to above, the use of natural colours and natural coating substances. The authorisation may comprise synthetic forms of iron oxides and iron hydroxides until 31 December 2013 . Authorisations shall be notified to the Commission and the Member States.]

Textual Amendments

(3)

[F3Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 ( OJ L 181, 29.6.2013, p. 35 ).]

(4)

[F3Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children ( OJ L 339, 6.12.2006, p. 16 ).]

(5)

[F3Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC ( OJ L 401, 30.12.2006, p. 1 ).]

Textual Amendments